This case has been cited 4 times or more.
|
2015-03-25 |
PEREZ, J. |
||||
| Finally, we award exemplary damages in the amount of P30,000.00. The award of exemplary damages is justified under Article 2229 of the Civil Code to set a public example or correction for the public good.[23] In conformance with the prevailing jurisprudence,[24] we, increase the award of civil indemnity and moral damages to P50,000.00 each. We likewise impose an interest of six percent (6%) per annum on all the damages awarded, to be computed from the date of the finality of this Decision until fully paid. | |||||
|
2014-04-21 |
REYES, J. |
||||
| For the defense of alibi to prosper, the appellant must prove that he was somewhere else when the offense was committed and that he was so far away that it was not possible for him to have been physically present at the place of the crime or at its immediate vicinity at the time of its commission.[9] Since Dulay was not able to prove that he was in Dibul when the crime was committed, both the CA and the RTC were correct in disregarding his alibi. Junior and Melanie, Junior's elder sister, on the other hand, have both positively identified Dulay as the assailant. On this score, this Court has held in a number of cases that denial and alibi are weak defenses, which cannot prevail against positive identification.[10] | |||||
|
2014-01-27 |
DEL CASTILLO, J. |
||||
| As to the award of damages, the Court sees a need for some modification in line with recent jurisprudence. Thus, "[c]onsidering that the penalty imposable is reclusion perpetua, the award of P75,000.00 by the CA as civil indemnity must be reduced to P50,000.00."[24] "The award of civil indemnity to the rape victim is mandatory upon the finding that rape took place."[25] Also the award of P75,000.00 as moral damages should be reduced to P50,000.00.[26] Moral damages are automatically granted to the rape victim without presentation of further proof other than the commission of the crime.[27] With respect to exemplary damages, we increase the same from P25,000.00 to P30,000.00 in line with prevailing jurisprudence.[28] Exemplary damages should be awarded by reason of the established presence of the qualifying circumstance of use of deadly weapon.[29] | |||||
|
2013-09-25 |
REYES, J. |
||||
| The Court, however, further awards exemplary damages in the amount of P30,000.00. The award of exemplary damages is justified under Article 2229 of the Civil Code to set a public example or correction for the public good.[18] In addition, interest at the rate of six percent (6%) per annum shall be imposed on all the damages awarded, to earn from the date of the finality of the Court's resolution until fully paid.[19] | |||||